THIS IS A VACATION RENTAL AGREEMENT UNDER THE NORTH CAROLINA VACATION RENTAL ACT. THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT ARE DEFINED BY LAW AND INCLUDE UNIQUE PROVISIONS PERMITTING THE DISBURSEMENT OF RENT PRIOR TO TENANCY AND EXPEDITED EVICTION OF TENANTS. YOUR SIGNATURE ON THIS AGREEMENT, OR PAYMENT OF MONEY TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THIS AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL.
- Agent, as agent of the owner, hereby rents and; tenant hereby rents from Agent, the vacation property described above (referred to hereafter as the “Premises”) on the terms contained in this Agreement.
- The Guest (s) acknowledges and understands that checkout time is no later than 10 AM and check in time is no earlier than 4PM unless approved by Yellow Rose Property Management. Tenant shall pay to Agent a non-refundable fee of $50 to cover the costs of processing the tenant’s reservation (included in the pricing)
- Security Deposits. Any security deposit may be applied to actual damages caused by Tenant as permitted under the Tenant Security Deposit Act. In addition, Agent may deduct from the security deposit the amount of any unpaid long distance or per call telephone charges and cable/satellite television charges that are specifically describe in the Agreement (including and addendum hereto) as being included with the Premises. Agent shall apply, account for, or refund Tenant’s security deposit within 45 days following the end of tenancy.
- Excess Damage/Cleaning Addendum. If actual damages caused by Tenant exceed the amount available in the Security Deposit for damages (Excess Damages), upon obtaining a estimate of damages &/or replacement cost of item, Agent may charge the credit card of Tenant for the amount of the Excess Damages. In the event of excessive cleaning required, Agent may charge additional cleaning fee to the credit card of Tenant including pet hair &/or smoking inside premises.
- Trust Account. Any advance payment made by Tenant shall be deposited in a trust account with United Community Bank located at 145 Slope Street Bryson City NC. Tenant agrees that any advance payment may be deposited in an interest-bearing trust account and that any interest thereon shall accrue for the benefit of, and as often as is permitted by the terms of the account. Tenant agrees to pay a $35.00 processing fee for any check of Tenant that may be returned by the financial institution due to insufficient funds or because Tenant did not have an account at the financial institution.
- Tenant Duties. Tenant agrees to comply with all obligations imposed by the Vacation Rental Act on Tenant with respect to maintenance of the Premises, including but not limited to keeping the Premises, as clean and safe as the conditions in the common areas and remainder of the Premises that Tenant uses; and notifying Agent in writing of the need of replacement of or repairs to a smoke detector, and replacing batteries during the tenancy. Tenant agrees not to use the Premises for any duty contained in this paragraph shall be considered material, and shall result in the termination of Tenant’s tenancy.
- Agents Duties. Agent agrees to provide the Premises in a fit and habitable condition. Agent shall conduct all brokerage activities in regard to this Agreement without respect to the race, color religion, sex, national origin, handicap or familiar status of any Tenant.
- Cancellation. In the event of a cancellation by the Tenant, Tenant shall receive refund of all payments made by the Tenant, less a cancellation fee of $75.00 at least 30 days prior to arrival. If within the 30 days, the tenant will not be entitled to a refund of deposits paid unless the Premises is re-rented in full on the terms set forth herein. Whether or not the Premises are re-rented, Tenant, rather than Agent, shall be responsible for seeking reimbursement of any fees paid by Tenant to Agent for goods, services, or benefits procured by Agent from third parties for the benefit of Tenant that may have been paid out prior to Tenant’s cancellation.
- Expedited Eviction. If the tenancy created here under is for 30 days of less, the expedited procedures set forth in the Vacation Rental Act will apply. Tenant may be evicted under such procedures if Tenant: (I) hold over in possession after Tenant’s tenancy has expired; (II) commits a material breach of any provision of this Agreement (including any addendum hereto) that according to its terms would result in the termination of Tenant’s tenancy; (III) fails to pay rent as required by this Agreement; or (IV) has obtained possession of the Premises by fraud or misrepresentation.
- Transfer Of Premises.
- If the owner voluntarily transfers the Premises, Tenant has the right to enforce this Agreement against the grantee of the Premises if Tenant’s occupancy under this Agreement is to end 180 days or less after grantee’s interest in the Premises is recorded. If Tenant’s occupancy is to end more than 180 days after such recordation, Tenant has no right to enforce the terms of this Agreement unless the grantee agrees in writing to honor this Agreement. If the grantee does not honor this Agreement, Tenant is entitled to a refund of all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed). Within 10 days after transfer of the Premises, the grantee or the grantee’s agent is required to (I) Notify Tenant in writing of the transfer of the Premises, the grantee’s name and address, and the date the grantee’s interest was recorded; and (II) advise Tenant weather Tenant has the right to occupy the Premises subject to the terms of this Agreement or receive a refund of any payments made by Tenant.
- Upon termination of the owner’s interest in the Premises, whether by sale, assignment, death, appointment of a receiver or otherwise, the owner, owner’s agent, or real estate agent is required to transfer all advance rent paid Tenant (and other fees owed to third parties not already lawfully disbursed) to the owner’s successor-in-interest within 30 days and notify Tenant by mail of such transfer and of the transferee’s name and address.
However, if Tenant’s occupancy under this Agreement is to end more than 180 days after recordation of the interest of the Owner’s successor-in-interest in the Premises and the successor-in-interest had not agreed to honor this Agreement, all advance paid rent by Tenant (and other fees owed to third parties not already lawfully disbursed) must be transferred to Tenant within 30 days.
- If owner’s interest in the Premises is involuntarily transferred prior to Tenant’s
occupancy of the Premises, the owner is required to refund to Tenant all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) within 60 days after the transfer.
- Mandatory Evacuation. If state or local authorities order a mandatory evacuation of an area that includes the Premises, Tenant shall comply either the order. Upon compliance, Tenant will be entitled to a refund of the prorated rent for each night that Tenant is unable to occupy the Premises, because of the order. However, Tenant will not be entitled to a refund if prior to taking possession of the Premises: (I) Tenant refused insurance offered by Agent that would have compensated Tenant for losses or damages resulting from loss of use of the Premises due to a mandatory evacuation order, or (II) Tenant purchased such insurance from Agent.
- Indemnification and Hold Harmless; Right of Entry; Assignment. Tenant agrees to indemnification and hold harmless Agent and the owner from and against any liability for personal injury or property damage sustained by any person (including Tenant’s guest) as a result of any cause, unless caused by the negligent or willful act of Agent or the owner, or the failure of Agent or the owner to comply with the Vacation Rental Act. Tenant agrees that Agent, the owner or their respective representatives may enter the Premises during reasonable hours to inspect the Premises, to make such repairs, alterations shall not assign this Agreement or sublet the Premises, in whole or part without permission of Agent.
- Pets. Unless otherwise specifically permitted in this Agreement (Including and addendum hereto), no pets shall be allowed on the Premises. Tenant’s breach of this provision shall be considered material, and shall result in the termination of Tenant’s tenancy.
- Generali Global Assistance: Vacation Rental Insurance has been made available with your reservation. Vacation Rental Insurance provides coverage for the loss of prepaid, nonrefundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment and force you to incur unplanned expenses. We strongly recommend you purchase this valuable protection. This can be purchased up intil your final payment. Separate terms and conditions apply, read your Description of Coverage/Policy carefully and contact Generali at (866) 999-4018 with coverage questions.
- Vacation Rental Damage Protection: As a part of your stay, you may purchase a Vacation Rental Damage Protection plan designed to cover unintentional damages to the rental unit interior that occur during your stay provided they are disclosed to management prior to check-out. If purchased, the policy will pay a maximum benefit of $3000. Any damages that exceed $3000 or are not covered under the plan will be charged to the credit card on file. If, during your stay at one of our rental properties, an insured person causes any damage to real or personal property of the unit as a result of inadvertent acts or omissions, the Insurer will reimburse the Insured for the cost of repair or replacement of such property up to a maximum benefit of $3000. Certain terms and conditions apply. Full details of the Vacation Rental Damage coverage are contained in the Description of Coverage or Insurance Policy here: www.csatravelprotection.com/certpolicy.do?product=G-20VRD. The Vacation Rental Damage can be purchased up to, and including at, check-in. By submitting payment for this plan, you authorize and request Customized Services Administrators, Inc. d/b/a Generali Global Assistance & Insurance Services to pay directly Yellow Rose Real Estate any amount payable under the terms and conditions of the Vacation Rental Damage. Please contact Yellow Rose Real Estate directly if you do not wish to participate in this assignment.
I have read and agree to the above terms.
Yellow Rose Real Estate – General Information
Office Hours
Mon–Fri: 9am–5pm
Sat: 10am–2pm
Sun: Closed
Phone: 828-488-2797
Payment: Full payment is due 30 days before arrival. Once paid and the rental agreement is returned, you will receive driving directions, your door code, and a digital cabin guide.
Check-In: After 4pm unless otherwise arranged.
Late Arrival: You may go directly to your cabin using the provided door code and directions.
Check-Out Time: 10am unless otherwise arranged.
Security Deposit
A hold of up to $500 will be placed on your card at arrival. This is not a charge. It may be used for damages, missing items, or excessive cleaning. Hot tub cover replacement is $500. Smoking indoors forfeits the deposit. This hold is separate from your reservation deposit.
Cancellation Policy- Based on ORIGINAL booking dates.
- Cancellations 30+ days before arrival: full refund minus $75 fee.
- Cancellations within 30 days: non-refundable. Under certain circumstances, funds may be applied to a future stay within one year if requested at least 14 days before arrival.
- No refunds for nights removed within 30 days of arrival.
- Only the guest listed on the agreement may modify or cancel a reservation.
Maintenance
We maintain all cabins regularly. While occasional malfunctions may occur, refunds or discounts cannot be issued. Please report issues promptly so we can address them during business hours.
Hot Tubs
Hot tubs are cleaned and sanitized before each stay. Use of the hot tub is at your own risk.
- Keep the bromine floater in place.
- Do not stand on the cover (replacement cost $500).
- Keep the cover on when not in use.
- Shower before use.
Weather & Road Conditions
Mountain roads may be steep or gravel. In winter, 4WD or chains are recommended. Weather-related travel issues do not qualify for refunds, but we will assist with rescheduling when possible.
Pests & Environment
Cabins undergo regular pest control, but due to the mountain environment, occasional pests—including ladybugs—may be present. Refunds or discounts are not provided for pest activity.
Pets
Most cabins do not allow pets unless noted. Unauthorized pets result in a $300 fee and possible eviction without refund.
- Pet fee: $50 per pet (non-refundable).
- Additional cleaning fees may apply.
- Pets are not allowed on furniture or left unattended.
Fireplaces
For wood-burning fireplaces or firepits, firewood can be purchased locally. Ensure the damper is open before use. Fireplaces are disabled May 15–Sept 15.
Wi-Fi
Wi-Fi availability and speed vary by location and may not support streaming. Service is not guaranteed. Public Wi-Fi is available in town and at our office.
Guest Responsibilities
Cabins include basic linens, kitchenware, and a starter supply of paper products and toiletries. Guests are responsible for additional supplies.
Before departure, guests must:
- Wash, dry, and put away all dishes- start dishwasher if cabin has one.
- Empty the refrigerator
- Bag and remove all trash (fees apply for unbagged or left trash, see below)
- Leave furniture in their original placement
- Leave all linens on the beds, and towels in the bathtub.
Yellow Rose is not responsible for items left behind. Returned items will be mailed COD plus a $15 service fee.
Trash
Place all bagged trash in the outdoor can.
- Unbagged trash: $25 fee
- If no outdoor can is provided, guests must remove trash themselves
- Trash left inside: $15 per bag
Dishes
Dirty dishes left in the sink will incur a $15 fee per sink load.
Liability
Yellow Rose Property Management rents homes on behalf of owners and is not responsible for loss, theft, accidents, injuries, weather conditions, or acts of nature.
